Mental capacity to consent to community mental health services

A recent Coroners report has raised concerns about the failure of community mental health services (assertive outreach) to provide a service to a man because he lacked mental capacity to consent. The Coroner stated:

‘I heard evidence from a.. consultant psychiatrist that where a mentally unwell person in the community refuses mental health care and treatment and / or where they are hard to engage in mental health services such persons can be referred for assertive outreach ..,but only if that person consents to such outreach...I heard that the referral forms for assertive outreach require a referrer to indicate whether a patient is consenting and if they are not consenting then the referral will not be accepted...I am concerned that if consent is required before a mentally unwell person in the community is able to receive assertive outreach then there may be a gap in the mental health services ..that creates a risk that mentally unwell people will remain in the community without access to mental health services in circumstances where they may pose a risk to their own life or the lives of others. This is because whilst they may need access to mental health services, they may be too unwell to consent to that access. I am concerned that if there is such a systemic deficiency.. then this creates a risk that deaths will continue to occur.

This same issue has been raised by multiple staff from local authorities and mental health teams as a problem over the last four years on a training course Edge deliver across the UK and Wales (MHA and MCA interface) and shows a misunderstanding (or lack of knowledge) of the Mental Capacity Act and effectively a direct discrimination against people who lack mental capacity.

Download from:

https://www.judiciary.uk/prevention-of-future-death-reports/nicholas-harrison-prevention-of-future-deaths-report/

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